Pradeep (Advocate) 01 January 2010

Black out day by Mobile companies

Dear Advocate friends,

As we all know, the mobile service providers are charging hefty for the SMSs on new year and other festivals. We subscribe to SMS packs, but they deny us the free/discounted sms on festival days, which is a clear violation of consumer's right.

do you think we can do something about it ? is it also a violation of MRTP Act ? can we file a complaint to TRAI ?

mobile compaies (Airtel) had also issued misleading press releases, stating that they won't charge extra for the customers, on the new year...

refer: https://www.business-standard.com/india/news/airtel-rcom-won%5Ct-raise-sms-rates-for-new-year%5Cs-eve/381267/

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4 Replies

Pradeep (Advocate) 01 January 2010

sorry friends, a small corection - MRTP Act has been repealed and replaced by Competition Act 2002.

https://www.lawyersclubindia.com/share_files/THE-COMPETITION-ACT-2002/4070/

https://www.taxguru.in/government-policy/mrtp-act-repealed-and-is-replaced-by-the-competition-act-2002-with-effect-from-september-1-2009.html

H.D.Kumaravelu (Advocate) 01 January 2010

Sir,

I think you can file a case before the consumer court for redressal. It is a violation of TRAI regulations. Charging more an festival days amounts to unfair trade practice. File a case get an award and publish it as a news in all leading dailies so that it will create awareness amonsgt the general public.

Deepak Kumar Vasudevan ((Confidential)) 01 January 2010

Pradeep,

Please find this blog post https://www.mobilegyaan.com/what-are-sms-blackout-days.

I believe the blackout days were designed to prevent overuse/abuse of cellular networks and ensuring that the facility is not swamped by trivial greeting messages so that the basic communication (quality of service) can be ensured. Nevertheless, cellular operators increase the number of days, normally a day before and day after, like Airtel Chennai including Dec 31 besides today (January 1), which might be an incident of clear cut violation of the contracts.

Can some one clarify on this front too?

guddubhundu2028 (n/a) 04 January 2010

Respected Sir,

According to directions issued by TRAI dated 1^st September 2008, TRAI has clearly mentioned that if there is any BLACKOUT DAY the customer must be informed , furthermore the SMS BLACKOUT DAY are limited to only 5 day in a calender year. you can write a letter regarding the same to nodal officer of the serivce provider

I have done so and got back my money ...

thank you..